Morrison's Effects Test

10 Pages Posted: 26 May 2011 Last revised: 18 Feb 2013

William S. Dodge

University of California, Davis - School of Law

Date Written: 2011

Abstract

In Morrison v. National Australia Bank, the Supreme Court held that the presumption against extraterritoriality applies "in all cases." But the Court also changed the presumption by shifting its focus from the location of the conduct to the location of the effects. This symposium contribution argues this shift is consistent with the presumption’s underlying rationale and with the Court’s prior case law. It also applies Morrison’s effects test to RICO.

Keywords: extraterritorial, Morrison, RICO, securities

JEL Classification: K33

Suggested Citation

Dodge, William S., Morrison's Effects Test (2011). 40 Southwestern University Law Review 687. Available at SSRN: https://ssrn.com/abstract=1851638

William S. Dodge (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

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